Republic v Julo & another [2024] KEHC 1107 (KLR)

Republic v Julo & another (Criminal Case E006 of 2020) [2024] KEHC 1107 (KLR) (9 February 2024) (Sentence)

Neutral citation: [2024] KEHC 1107 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E006 of 2020

A. Ong’injo, J

February 9, 2024

Between

Republic

Prosecutor

and

Kwekwe Madziko Julo

1st Accused

Mwango Jimbala Nyawa

2nd Accused

Sentence

1. The accused persons Kwekwe Madzikio Julo & Mwango Jimbale Nyawa were charged and convicted for offence of murder. They were found to have murdered Madziko Julo Lele the father of A1 on 14th August 2020 at Banda village in Mbunguni Location.

2. This court called for a pre-sentence report. This court has considered the pre-sentence report in respect to A1 and hereby orders that the Children Officer Kwale County carries out social inquiry as to the welfare of the children and if possible open a file at the Children’s Court in Kwale for care and protection.

3. The 1st accused person was the brain behind the planning and murder of the deceased who from the report has been revealed to have been her Step-father. A1 used her son and the 2nd accused person herein by promising to pay them money and used them to eliminate the deceased. This is conduct that ruined the life of the 2 children who were still teenagers. This court finds that it is necessary to me to out punishment that mirrors the seriousness of the offence and discourages other would be offenders.

4. This court finds that 20 years’ jail term would be commensurate. The same is to commence from September 28, 2020.

Right of Appeal – 14 days. 5. A2 is hereby committed to Kamiti Youth Corrective Centre for 4 months. Upon completion of 4 months he will remain under Supervision for 3 years.Right of Appeal – 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 9TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel - Court AssistantMs. Nyawinda – Court ProsecutorMs. Lozi Advocate for 1st AccusedMr. Nabil Advocate for A2A1 – Present in person – online from Shimo womenA2 – Present in person – online from Shimo menHON. LADY JUSTICE A. ONG’INJOJUDGE02. 2024MS. LOZI ADVOCATEI pray that the we be discharged from proceedings.ORDERMs. Lozi Advocate discharged from proceedings henceforth.HON. LADY JUSTICE A. ONGI’INJOJUDGE02. 2024COURTCopies of the proceedings & judgment supplied to defence counsel and to prosecuting counsel.HON. LADY JUSTICE A. ONGI’INJOJUDGE